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By Express News Service
NEW DELHI: The Supreme Court on Wednesday upheld several provisions of a statute under which the National Green Tribunal (NGT) was set up and ruled out a plea to have an NGT branch in every state and union territory.
A bench comprising Justices K M Joseph and Hrishikesh Roy, while dismissing the plea of the Madhya Pradesh High Court Advocates Bar Association, held that the provision of an appeal directly in the top court against an NGT order was “intra-vires” and does not oust the high courts’ power under writ jurisdictions as it was part of the “basic structure.”
Dismissing the plea of the bar body, which also sought a branch of NGT in all 28 States and 8 union territories, Justice Roy said there were 2,237 pending cases in five NGT branches in the country. “With the low caseload, if the NGT Benches are set up in all 28 States and 8 union territories, the judges and other members in these forums might be left twiddling their thumbs. Accordingly, no basis is seen to allow one NGT bench in every State,” the verdict said.
“The provision for appeal to the High Court should not be created by issuing a writ of Mandamus as that would be legislating through a judicial order, and would impinge upon the well-founded concept of separation of powers,” the judgement said.
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